Mandatory Communications in Italy
The Mandatory Communications (abbreviated as CO) for the UniLav, UniSomm, VarDatori, UniUrg, and UniPi flows represent a mandatory administrative requirement within the context of Italian labor law. Employers (possibly through their intermediaries or consultants) are required to transmit notifications to the Public Employment Services (PES) and other institutional entities (such as INPS, INAIL, Prefectures, and the Ministry of Labor) regarding all events related to employment relationships. These events include hirings, terminations, extensions, and transformations.
In the Veneto region, the Mandatory Communications portal (abbreviated as COVeneto) is implemented within the website www.cliclavoroveneto.it and is fully digitalized. All regional nodes are interconnected through a real-time application cooperation system, facilitated by the use of common communication standards and protocols.
The following ‘CO’ models are implemented:
- Mandatory Communications of Hiring, Termination, Extension, Transformation, Transfer of Place of Work, and Secondment
- Mandatory Communications of Change of Company Name, Mergers, Incorporation, Transfer of Company Branch, and Transfer of Contract
- Mandatory Communications related to Outsourced Work (Temporary Employment) Contracts and Missions (Hiring, Termination, Extension, and Transformation)
- Mandatory Communications of So-Called ‘Emergency’ Hirings
- Disabled Persons Information Prospectus (according to Law 68/99)
The COVeneto portal has been expanded over time to allow the transmission of additional digital communications, defined on a regional basis and therefore not interoperable in application cooperation. These include:
- Internship Training Projects
- Apprenticeship Training
Deadlines for sending mandatory communications
Recruitment: the communication deadline expires at midnight on the day before the actual establishment of the employment relationship (no matter if it is a public holiday).
In cases of urgency related to production needs, the hiring communication can be made within five days of the establishment of the employment relationship. This is without prejudice to the obligation to provide initial information to the competent Public Employment Service by the day before, using the special ‘urgency communication model’ (UNIURG).
The preceding formulation can also include cases in which hiring is carried out to prevent harm to people and plants, as well as in all situations where there are justified production, technical, and organizational needs that do not allow the employment of workers to be postponed. In such cases, there may be an objective impossibility for the employer to acquire complete information necessary to fulfill the obligation.
Hirings made due to ‘force majeure’ or events of an extraordinary nature, which the employer could not have objectively foreseen with ordinary diligence, require immediate action.
For all other cases: the communication must occur within five days of the event. If the deadline falls on a public holiday, the automatic extension applies to the first working day.
CO Rectifications:
If the error concerns one of the essential elements of the communication, as specified in the Models and Rules handbook, ("Annullamento e rettifica" paragraph) it is It is possible to intervene with a rectification communication by taking action as quickly as possible and in any case within the following five days.
CO Cancellations:
Cancellation of a communication is allowed:
- for any reason: it must be communicated before the deadline established by law for making the communication expires;
- for the absence of the event: it must be communicated by the expected start date of the employment relationship.
Exemption for the private school sector: all communications can be made within 10 days of the occurrence of the event.
Special regulations for temporary agencies: they can communicate the hiring, termination and extension of temporary workers by the 20th of the month following the date of hiring (or extension or termination).
Special regulation for the Public Administration: it can communicate the hiring, termination and extension of workers by the 20th of the month following the date of hiring (or extension or termination).
Sanctions
In case of failure to communicate according to the methods established by the Ministerial Decree. n. 149 of 22 August 2022, the sanction referred to in art. applies. 19, third paragraph, of Legislative Decree 10 September 2003, n. 276 (expressly referred to in art. 23, first paragraph, of Law no. 81/2017).
IT disservices
In the event of portal unavailability, due to technical malfunctions, of the Mandatory Communications, in order to avoid sanctions for failure or delayed transmission, a specific technical malfunction message is inserted on the portal on the page https://www.cliclavoroveneto.it/disservizi-informatici
Digital notifications
Following each Mandatory Communication regularly sent, a protocol number is produced. A copy of the fulfillment is sent by email and can be downloaded digitally at any time from the CoVeneto portal through the usual search and download functions.
Law references
Note Ministry of Labor 4/1/2007
Note Ministry of Labor 14/2/2007
Note Ministry of Labor 27/11/2008